2013 MLD 1233 KARACHI-HIGH-COURT-SINDH

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Mrs. GHULAM FATIMA VS Shaikh MUHAMMAD YOUSAF Constitutional petition--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Bona fide personal need of landlord and default in monthly rent by tenant---Proof---Tenement, selection of---Ejectment application filed by landlord was dismissed by Rent Controller but Lower Appellate Court allowed the same and passed eviction order---Validity---Landlord had the prerogative to choose any tenement for his personal use---Fact that which of the tenements was more suitable for his use, was to be decided by landlord---Tenant or for that matter even Rent Controller could not dictate landlord to select another premises except the one for which ejectment was being sought---Rent Controller failed to consider that it was for the landlord to decide as to in what manner he would use the premises and merely on the basis of surmises and conjectures a landlord could not be deprived of his right to get premises for his personal bona fide use---At least rent for three months were sent belatedly thereby rendering tenant as defaulter in payment of rent---Even finding on the point of default in payment of rent given by Rent Controller was not just and proper and rightly reversed by Lower Appellate Court---High Court declined to interfere in eviction order passed by Lower Appellate Court---Constitutional petition was dismissed in circumstances.